PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           1 August 2000
	DOCKET NUMBER:   AR2000035516

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214 (Report of Separation) be corrected to show he was twice awarded the Purple Heart.

3.  The applicant states that copies of his Purple Heart commendations are enclosed with his application; however, his application was received by the Board without such copies as he claims.

4.  The applicant’s military records show that he was inducted on 15 February 1951 and was trained as an armor reconnaissance crewman.  He served in Korea from 9 January 1952 to 27 October 1952.

5.  Medical records show that the applicant received a shell fragment wound to the right elbow on 29 September 1952 as a result of enemy mortar fire.  There is also an entry for a shell fragment wound to the left shoulder on 24 September 1952, but that entry is lined through and initialed by the hospital registrar as incorrect.

6.  The applicant was separated on 14 November 1952 at Fort Lewis, Washington.  His DD Form 214 shows that he received the Korean Service Medal with one Bronze Service Star and the United Nations Service Medal; it does not show the Purple Heart as an authorized award.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.  The above regulation also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

9.  The regulation also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995. 

CONCLUSIONS:

1.  Records substantiate that the applicant was wounded on 29 September 1952 as a result of hostile action in Korea and is entitled to award of the Purple Heart.

2.  The record does not show, nor has the applicant provided evidence, that he was wounded more than once.  He is not entitled to a first oak leaf cluster (designating a second award) for the Purple Heart.

3.  The applicant also met the requirements for award of the Good Conduct Medal for his service from 15 February 1951 to 14 November 1952, and award of the National Defense Service Medal.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for a wound sustained in Korea on 29 September 1952, the Good Conduct Medal, and the National Defense Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__dsj___  ___kak___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR2000035516	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.